RAJESH TANDON, J. ( 1 ) HEARD Sri Vijay Bhatt, advocate for the petitioner and Standing Counsel for the respondent No. 1. ( 2 ) BY the present writ petition, the petitioner has prayed for a writ of certiorari quashing the order dated March 5, 2005 as well as January 7, 2006 passed by the respondent no. 1 /presiding Officer, Industrial Tribunal uttaranchal Haldwani, District Nainital. ( 3 ) BRIEFLY stated, the petitioner is managing-Director of Kumaon Resins Pvt. Limited. The proceeding under Section 33-C (2) of the Industrial Disputes Act, 1947 was initiated by the respondent No. 2. ( 4 ) THE grievance of the petitioner is that an ex parte award was made on March 5, 2005 in Misc. Case No. 153/2002. The petitioner has filed an application for recalling the said order, but the said application has been rejected. The ground for recalling of the order was that the petitioner could not be informed as will appear from paragraphs 6 and 7 of the application. The same is quoted below:-"vernacular matter omitted. " ( 5 ) THE application has been filed on July 5, 2005 whereas the award has been made on march 5, 2005 and as such it is desirable in the interest of justice that the petitioner may be heard before proceeding for the ex-parte award. ( 6 ) THE Apex Court in M. S. Grewal v. Deep Chand Sood AIR 2001 SC 3660 : 2001 (8) SCC 151, has held as under:- "law Courts will lose their efficacy if they cannot possibly respond to the need of the society-technicalities there might be many -but the justice-oriented approach ought not to be thwarted on the basis of such technicality since technicality cannot and ought not to outweigh the course of justice. " ( 7 ) SINCE the award is to the extent of Rs. 65,000/-, let the petitioner deposit a sum of Rs. 40,000/- and the amount shall remain in deposit before the Tribunal and the same shall be released immediately after the award. The petitioner shall co-operate with the hearing of the matter. ( 8 ) IN view of the aforesaid, petitioner shall be afforded an opportunity of hearing. The orders dated January 7, 2006 and March 5, 2005 are quashed. Petitioner shall co-operate with the hearing after depositing a sum of Rs. 40,000/-within a period of one month. The petitioner shall co-operate with the hearing of the matter. ( 8 ) IN view of the aforesaid, petitioner shall be afforded an opportunity of hearing. The orders dated January 7, 2006 and March 5, 2005 are quashed. Petitioner shall co-operate with the hearing after depositing a sum of Rs. 40,000/-within a period of one month. However, the Tribunal shall pass the final order under section 33-C (2) within a period of three months from the date of presentation of the certified copy of this order. In case the amount is deposited, the recovery proceedings shall remain in abeyance for a period of threemonths. Writ petition is disposed of. No order as to costs --- *** --- .